Cederbaums ex rel. Martinez v. Harris

OPINION

TENNEY, District Judge.

Fernando Martinez, currently a prisoner of New York State serving a sentence of 15 years to life on a drug possession conviction, petitions this Court for a writ of habeas corpus. 28 U.S.C. § 2254. Martinez asserts deprivation of due process in two regards. First, he states that the presumption contained in New York Penal Law § 220.25, i. e., that except in certain situations all occupants of a motor vehicle are presumed to have knowing possession of drugs found therein, is unconstitutional on its face and as it was applied to him at his trial. Second, Martinez…